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Human Rights Imperialists: The Extraterritorial Application of the European Convention on Human Rights


ISBN13: 9781509914739
Published: April 2020
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £90.00



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Conflict has always presented an opportunity for reflection and transition in the law and none more so than the Iraq War. One of its key legacies, which continues to have an impact on international law, was the extraterritorial application of the United Kingdom's human rights obligations. While the conflict did not establish or create the notion of extraterritorial obligations, this book argues that it brought about a dramatic extension in the understanding and scope of those obligations. It analyses the profound consequences these obligations can have beyond the battlefield and considers how the extension and clarification of human rights laws have both potential and practical implications for other arms of the British State. Particular focus is given to policing, diplomatic and consular offices and to the potential for the State to regulate British businesses abroad.

The aims of the book are two-fold. Firstly, to demonstrate how the Iraq War fundamentally altered the extraterritorial application of the United Kingdom's human rights obligations. Secondly, it traces the post-conflict development and projects the future impact which extending human rights obligations abroad may have, by evaluating post-Iraq case law and the judicial and political responses to such cases.

Subjects:
Human Rights and Civil Liberties
Contents:
Introduction
I. The Extraterritorial Question
II. The Strasbourg Approach
III. The Claims of the Book
IV. The Structure of the Book
1. Creating Human Rights 'Jurisdiction'
I. Introduction
II. The Drafting of Article 1
III. The Problem with 'Jurisdiction'
IV. Creating Human Rights Jurisdiction
V. Conclusion
2. Interpreting the European Convention on Human Rights
I. Introduction
II. The Convention's Interpretive Parties
III. The 'Correct' Process of Interpretation
IV. Interpretive Communities
V. Article 1's Interpretive Communities
VI. Conclusion
3. Incremental Normalisation: The Strasbourg Approach 1953–2001
I. Introduction
II. The Point of Departure
III. Judicial Minimalism
IV. Enhanced Justification
V. Consideration of Context
VI. Conclusion
4. Deconstruction and Reconstruction: The European Court of Human Rights 2001–10
I. Introduction
II. Judicial Deconstruction: Bankovic v Belgium and Others
III. Judicial Reconstruction
IV. An Unsettled Community
5. The Contracting Parties: Competing for Meaning
I. Introduction
II. Applying the ECHR to Iraq
III. Three Categories of State Arguments
IV. State Acceptance of the Convention's Extraterritorial Application
V. Conclusion
6. National Courts: The Systemisation of 'Jurisdiction'
I. Introduction
II. The Five Bases of Jurisdiction
III. Conclusion
7. The European Court of Human Rights: Strategic (Re-)alignment
I. Introduction
II. Personal Jurisdiction: 'State Agent Authority and Control'
III. Spatial Jurisdiction
IV. Applying the Convention Abroad
V. Conclusion: Temporary Stability
8. A Return to the Drawing Board
I. Introduction
II. Guiding Principles
III. Conservative Options
IV. Progressive Options
V. A Proposal
VI. The Communities
VII. Conclusion
Conclusion: Human Rights Imperialists